D.N.M.: Search warrants are directed at places, not persons; offender need not be mentioned

Search warrants are directed at places, not persons. “Because, at the time of the oral affidavit, there was a fair probability the crime of kidnapping occurred and a fair probability evidence of that crime would be found in Defendant’s home and truck, Magistrate Judge Briones properly issued the search warrant. Contrary to Defendant’s contentions, it is immaterial whether there was probable cause that he himself committed the crime of kidnapping.” United States v. Torres, 2023 U.S. Dist. LEXIS 49068 (D.N.M. Mar. 22, 2023).

The record supports the trial court’s findings that the person staying in defendant’s house searched for his shoes on her own and told that she didn’t have to get them, but she did. State v. Hall, 324 Or. App. 802, 2023 Ore. App. LEXIS 214 (Mar. 23, 2023).*

Defendant’s ineffective assistance of counsel claim fails on the merits of the search. It was already litigated. State v. Cutlip, 2023-Ohio-914 (7th Dist. Mar. 21, 2023).*

This entry was posted in Issue preclusion, Particularity, Private search, Probable cause. Bookmark the permalink.

Comments are closed.